Enforcement

Notice Denying Reduction in Settlement Amount Based on Inability to Pay

Notice Denying Reduction in Settlement Amount Based on Inability to Pay (.Doc/.Docx, 11 pp, 31 K)

Model Information

04/30/2008

06/17/2016

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Notice requirement applies only to ability to pay (ATP) potentially responsible parties (PRPs) that have requested a de minimis ATP settlement. Because the notice must be written and must state the reason(s) for the determination, it often will be necessary to send separate correspondence to each PRP who asserted an inability to pay in reply to the initial de minimis settlement offer.

Supporting Documents

Interim Revisions to CERCLA Notice Letters and Update of Superfund and Small Waste Contributors Brochure to Notify Potential Settlors about Atlantic Research Corporation Decision
Date: 04/30/2008
Memorandum providing interim modifications to six de minimis, ability to pay, and general model notice letters issued under CERCLA that corrects model language relating to the protection from contribution claims afforded by de minimis settlements after the Supreme Court’s decision in Atlantic Research Corporation (ARC).

Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA Section 122(g) by the Small Business Liability Relief and Brownfields Revitalization Act
Date: 05/17/2004
Interim guidance and model documents. Memorandum discusses existing policy regarding ability to pay (ATP) and de minimis parties and the amendments to section 122(g) of CERCLA as it was amended in 2002.

Revision History

Update URLs
06/17/2016

  • Updated existing URLs throughout document - pp. 2, 3.

Grammatical and formatting changes
01/28/2015

  • As part of conversion to Word, made general grammatical and formatting updates to 2008 version. No substantive changes.

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